Rasiya.C vs The District Collector
2022 Latest Caselaw 12114 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                         WP(C) NO. 28350 OF 2022
PETITIONER:

             RASIYA.C.
             AGED 68 YEARS
             W/O.A.K HYDER, ATHIMANNIL HOUSE, CHAKKALAKUTH,
             NILAMBUR, MALAPPURAM DISTRICT - 679 329.
             BY ADVS.
             ABDUL JAWAD K.
             ABDUL MAJEED.N
             A.GRANCY JOSE


RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             MALAPPURAM, OFFICE OF THE DISTRICT COLLECTOR,
             MALAPPURAM DISTRICT - 676 504.
     2       THE SUB COLLECTOR,
             PERITHALMANNA, OFFICE OF THE SUB COLLECTOR,
             PERINTHALMANNA, MALAPPURAM DISTRICT - 679 321.
     3       THE TAHSILDAR (LAND RECORDS),
             NILAMBUR, TALUK OFFICE, NILAMBUR, MALAPPURAM
             DISTRICT - 679 329.
     4       THE VILLAGE OFFICER,
             NILAMBUR, VILLAGE OFFICE, MALAPPURAM DISTRICT - 679
             329.
     5       THE AGRICULTURAL OFFICER,
             KRISHI BHAVAN, NILAMBUR, MALAPPURAM DISTRICT - 679
             329.

      THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28350 OF 2022

                              2



                          JUDGMENT

Dated this the 22nd day of December, 2022.

The petitioner has filed this writ petition challenging

Ext.P9 and Ext.P11 orders of the 2nd respondent.

According to her, Exts.P9 and P11 have been issued

without taking into account the relevant materials

including Ext.P8 order of the 1st respondent.

2. When the matter came up for consideration

today, the learned Government Pleader, on instructions,

submits that, based on the report of the Agricultural

Officer dated 30.09.2022 and site inspection, the 2nd

respondent has proposed to re-consider From No.5

application submitted by the petitioner.

3. Since Exts.P9 and P11 were issued without

taking into consideration Ext.P8 order and relevant

materials, they are quashed. The 2nd respondent is WP(C) NO. 28350 OF 2022

directed to re-consider Form No.5 application submitted

by the petitioner taking into account the report of the

Agricultural Officer dated 30.09.2022, Ext.P8 and other

relevant records. Fresh orders shall be passed within two

months from the date of receipt of a copy of this

judgment.

In case the property of the petitioner is excluded

from the data bank, the application of the petitioner in

Form No.6 shall also be considered as directed in Ext.P8,

expeditiously.

This writ petition is disposed of with the above

directions.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

Raj.

22.12.2022.

WP(C) NO. 28350 OF 2022

APPENDIX OF WP(C) 28350/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 29/05/2018 ISSUED IN FAVOUR OF THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23/02/2019 ISSUED IN FAVOUR OF THE PETITIONER.

Exhibit P3 A TRUE COPY OF THE RELEVANT PAGE OF THE ORIGINAL DRAFT DATA BANK PREPARED BY THE 4TH RESPONDENT.

Exhibit P4 A TRUE COPY OF THE APPLICATION DATED 05/03/2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5 A TRUE COPY OF THE ORDER DATED 18/01/2020 PASSED BY THE 2ND RESPONDENT.

Exhibit P6 A TRUE COPY OF THE REPORT OF THE 5TH RESPONDENT.

Exhibit P6(A) A TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 14/07/2020. Exhibit P7 A TRUE COPY OF THE REPORT OF THE KSRSE DATED 01/11/2021 ADDRESSED TO THE 5TH RESPONDENT.

Exhibit P8 A TRUE COPY OF THE ORDER DATED 08/04/2022 OF THE 1ST RESPONDENT. Exhibit P9 A TRUE COPY OF THE RELEVANT PAGE OF THE PUBLISHED DATA BANK AS ON 08/03/2021.

WP(C) NO. 28350 OF 2022

Exhibit P10 A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 09/04/2018 IN THE CASE OF K.T SULAIKHA.

Exhibit P11 A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 14/06/2022.